Methods for distributions of digital files

ABSTRACT

The invention relates to a process for distributing files, having the steps of receiving at least one digital file, transmitting the digital file to a location, and selecting at least one content provider. The process also has the steps of updating a content of the content provider to provide a reference to the digital file at the location, generating an updated digital file by adding information which identifies the content provider to the digital file when the reference to the digital file is selected at the content provider, and transmitting at least a portion of the at least one updated digital file to a client network.

CROSS-REFERENCE TO RELATED APPLICATIONS

The present application is related to and claims the benefit as acontinuation of U.S. patent application Ser. No. 12/786,257, filed May24, 2010, which is related to and claims the benefit as a continuationof U.S. patent application Ser. No. 12/107,028, filed Apr. 21, 2008,which is related to and claims the benefit as a continuation of PCTApplication No. PCT/EP2007/005049, filed on Jun. 7, 2007, which claimspriority to and the benefit of Spanish Patent Application No. ES200700900, which was filed on Apr. 4, 2007, which is entitled “PROCESSFOR THE ON-LINE DISTRIBUTION, THROUGH A DATA NETWORK, OF DIGITAL FILESPROTECTED BY INTELLECTUAL PROPERTY RIGHTS AND COMPUTER READABLE MEDIUMCONTAINING A PROGRAM FOR CARRYING OUT SAID PROCESS,” the disclosures ofwhich are herein incorporated by reference.

BACKGROUND OF THE INVENTION

1. Field of the Invention

The invention relates generally to a method for distributing digitalfiles in which a digital file is stored at a predetermined location, andthen updated to comprise information to identify a content provider whena user selects a reference, e.g., a link, to the digital file at thecontent provider, e.g., at a web site of the content provider.

2. Description of the Related Art

Vendor companies that sell products through the Internet network try toincrease the likelihood that their webpage readily may be found by auser that is browsing the network and is interested in such products. Aknown method associated with obtaining this objective includesadvertising the products on content web pages that attract users who areinterested in a specific type of subject matter. These content web pagesmay be thematic pages about video games, cinema, music, computerprograms, and the like. The advertisements are provided in the form of alink pointing to the vendor company's webpage, such that when a userselects one of the links, the user is redirected to the vendor company'swebpage and the latter pays a fee to the content provider of the webpages. The fee is a function of the number of selections associated withthe links. Nevertheless, for this method to be effective, the vendorcompanies are in contact with the content web pages, and these twoentities organize the manner in which the content web pages include theadvertisement links, and the manner in which the fee per user selectionis paid by the vendor.

A known system addresses this issue by allowing any web page to includeadvertisers' advertisements and to receive a fee for it. Advertisersusing this system may place advertisements in web pages of a “searchnetwork,” e.g., Google's™ search network, or the “content network.” The“search network” is formed by web pages, for example, Google's™ searchbox, in which a search may be conducted in the same manner as onGoogle's™ webpage. When a search is conducted, normal or “organic”results appear as well as advertisements in the form of “sponsoredlinks.” The “content network” is formed by web pages in whichadvertisements of certain advertisers whose products are content-relatedappear. A known system analyzes the content of the web pages that wantto host advertisements and decides which are the most appropriate foreach advertisement. The advertisements contain a link to theadvertiser's webpage. Each time a user selects one of theseadvertisements using a link, the owner of the webpage hosting theadvertisement obtains a fee from the advertiser.

Nevertheless, known systems cannot effectively prevent fraudulentselections that occur when the owners of the web pages hosting theadvertisements themselves select the advertisements of their own page,for the purpose of increasing the fee that the advertiser will pay theowner. Another type of fraudulent selections include a companydedicating itself to repeatedly clicking on another company'sadvertisement for the sole purpose of quickly reaching the maximumbudget established for the advertisement, and causing the automaticdeactivation thereof, thereby denying potential customers from seeingthe advertisement. The problem with fraudulent selections jeopardizesboth the advertisers paying for useless selections and the owners of theweb pages hosting the advertisements. Consequently, many advertisersrefuse to use this system or limit the amount of money they are willingto pay for the advertisements to insubstantial amounts.

Another disadvantage of known systems is that they may not respond tothe specific problems involved with the sale of digital files protectedby intellectual property rights. In the case of computer programs soldon-line through the Internet, a user interested in acquiring a programnormally will first download a free demonstration, e.g., trial, versionof the program that the user may freely use during a trial period, andthen the user acquires a use license if the user chooses to purchase alicense for the product. The vendor company only earns money if the useracquires a license. If its webpage receives many user visits re-sentfrom other web pages in which the vendor company has an advertisement,and the users download the digital files, but then choose not to acquirea license, the vendor company must compensate the advertisers for theselection despite not making a sale.

SUMMARY OF THE INVENTION

Therefore, a need has arisen for methods for distributing digital filesin which an advertiser is compensated based on the sales of licensesactually made, and not based on advertising selections. A need also hasarisen for methods that generally may be applied to any vendor thatwants to sell its digital files through content web pages, which can beany web pages, without the vendor company being related with content webpages.

In an embodiment of the invention, a process for distributing files, theprocess comprising the steps of receiving at least one digital file,transmitting the at least one digital file to a predetermined location,selecting at least one content provider, updating a content of the atleast one content provider to provide a reference to the at least onedigital file at the predetermined location, generating at least oneupdated digital file by adding information which identifies the at leastone content provider to the at least one digital file when the referenceto the at least one digital file is selected at the content provider,and transmitting at least a portion of the at least one updated digitalfile to a client network.

In another embodiment of the invention, a process for distributing filescomprises the steps of receiving at least one digital file, transmittingthe at least one digital file to a predetermined location, selecting atleast one content provider, and updating a content of the at least onecontent provider to provide a reference to the at least one digital fileat the predetermined location, wherein the reference is configured, suchthat when the reference is selected by a client network, the referenceactivates a program which causes at least one updated digital file to begenerated by adding information identifying the at least one contentprovider to the at least one digital file, and the updated digital fileto be transmitted to the client network.

BRIEF DESCRIPTION OF THE DRAWINGS

For a more complete understanding of the present invention, the needssatisfied thereby, and the objects, features, and advantages thereof,reference now is made to the following descriptions taken in connectionwith the accompanying drawings.

FIG. 1 is a block diagram illustrating a system for carrying out thedistribution of files, according to an embodiment of the invention.

FIG. 2 is a block diagram illustrating, at a high level, an algorithmexecuted by a download application in a download site from which a fileis downloaded, after a link to the file in a content provider has beenactivated.

FIG. 3 is a flowchart of a process for distributing files, according toan embodiment of the invention.

DETAILED DESCRIPTION OF EMBODIMENTS OF THE INVENTION

Embodiments of the present invention and their advantages may beunderstood by referring to FIGS. 1-3, like numerals being used for likecorresponding parts in the various drawings.

The block diagram of FIG. 1 schematically illustrates a system forapplying a process of distributing digital files according to anembodiment of the invention. The system may comprise an equipment 5 of auser, an intermediary site 2, at least one content provider, e.g.,referring site 9, which may be associated with intermediary site 2, andat least one vendor site 3. The system also may comprise at least onedownload site 4, and, optionally, one or more licensing sites 8. One ormore of sites 2, 3, 4, 8 and 9 may be network websites, e.g., Internetnetwork sites. In the embodiment shown in FIG. 1, a single referringsite 9, a single vendor site 3, a single licensing site 8, and a singledownload site 4 are depicted. Nevertheless, the process may use a systemwhich may comprise a substantial number of referring sites 9. Forexample, having a substantial number of referring sites 9 substantiallymay increase the number of Internet users attracted to referring sites9, which may increase the number of digital downloads of files, andthereby may increase the number of purchases for the user.

According to an embodiment of the invention, and as shown in FIG. 1,sites 2, 3, 4, 8, 9, and user equipment 5 may be in on-linecommunications with each other, via connections, e.g., connections 152,153, 154, 158, 159, 192, 132, 182, and 124.

FIG. 1 shows two digital files, 1 a and 1 b, which may be protected byintellectual property rights, and which may be distributed on-line asdescribed further herein. In an embodiment of the invention, file 1 amay comprise an audiovisual content file, and file 1 b may comprise asoftware product. File 1 a may comprise music, video, image or textcontent in digital format, or any combination thereof. This content maybe protected by copyright, and may be accessed, e.g., played or viewed,in the appropriate hardware or software, e.g., equipment 5 of a user.Files 1 a and 1 b may be any type of digital file which may betransferred over a network.

Equipment used by a user, e.g., equipment 5, may be a computer having anetwork, e.g., an Internet, connection. Nevertheless, equipment 5 couldbe any other equipment which may be configured to be connected to a datanetwork, e.g., mobile telephones, digital players with the capability ofconnecting to a data network, or the like.

Equipment 5 also may comprise an operating system 51, in which a digitalplayer 52 a may be installed. Digital player 52 a may comprise a DigitalRights Management (DRM) system. The DRM system may form a controlapplication 53 a which may be configured to detect whether the contentof file 1 a is protected by intellectual property rights. Controlapplication 53 a may check whether the user has a license for accessingthe content and whether a user may use the license to allow a playing ofthe content of file 1 a. In the DRM system, the content of the file maybe encrypted, and the player may decrypt the content at the time theuser plays the content. Specific functionalities of the controlapplication 53 a according to the invention will be explained in moredetail further herein.

File 1 b may be a file comprising a software product, e.g., a set ofinstructions which may be loaded into the memory of a computer and maybe executed individually or in combination with another softwareproduct. File 1 b may be any type of computer program, e.g., aninstallation program installing a program in a computer, a computerprogram update package, an installing file downloading a computerprogram on-line or an update thereof, a computer program library, othersoftware products, or the like. In an embodiment of the invention, file1 b may be an executable file for installing a computer program 52 b.The file 1 b may be executed in the operating system 51 of the equipment5, and may be configured to install program 52 b. File 1 b may include acomponent of a program 52 b, forming a control application 53 b whichmay be capable of detecting that the use of the program 52 b isprotected by intellectual property rights, checking that the user hasthe suitable license for using program 52 b, and using the license toallow the user to use the program.

A component may be understood as an encapsulated set of classes andprocesses, with their corresponding properties, allowing, by means ofits integration in the application of a third party and within theexecution environment of said application, the execution of certainfunctionalities that are pre-defined in the component. It is presentedin the form of an executable file or a dynamic library which is includedor called from the application of third party, in the design time ofsaid application. The ways of including a component within anapplication can vary according to the programmer or environment withinwhich the application is programmed. A usual way of including thecomponent consists of doing so from a graphical menu. The programmerdrags the component (or its graphical representation) from the toolboxof the programming environment and inserts it in the form of theapplication. From this time onwards, the programmer can access itsproperties and modify them and/or call the methods which have beendescribed in the component. Another usual way of including the componentconsists of inserting a source code. The programmer includes thenecessary code lines for calling the component (either in the form of alibrary or executable) within the source code block belonging to a formof the application. From this time onwards, the programmer can accessits properties and modify them and/or call the methods which have beendescribed in the component. The process for both including and using acomponent described herein are easily recognizable and are generallyknown by any programmer, therefore it is not considered necessary todescribe them in further detail.

In an embodiment of the invention, vendor site 3, which may beconsidering marketing digital files 1 a, 1 b, may register on-line 132in an intermediary site 2. During the registration process 132, vendorsite 3 may introduces identifying data, e.g., vendor name, address,e-mail, and/or the like. Vendor site 3 then may send files 1 a, 1 b tobe marketed to the intermediary site 2 for distribution. Intermediarysite 2 may have an intermediation application 20, e.g., a web interface,which may carry out the registration process and may store theregistration information of vendor site 3 in a database 21. During theregistration process, vendor site 3 also may provide intermediary site 2with commercial information 11 a, 11 b. Commercial information 11 a, 11b may be related to files 1 a and 1 b, respectively. Commercialinformation 11 a, 11 b may include, e.g., the sale price of each file 1a, 1 b, the percentages or commissions that the vendor site 3 will payfor each sale, the category that each file 1 a, 1 b belongs to, e.g.,software, music, movies, and the like. Commercial information 11 a, 11 balso may include a series of keywords associated with each file 1 a, 1b, indicating the content of the file, and which may be used byintermediary site 2 to select referring sites 9 for each file 1 a, 1 b.Intermediary site 2 may store this information 11 a, 11 b in database21.

Intermediary site 2 may enter contracts or agreements, or both, with oneor more referring sites 9 and download sites 4, which may be interestedin participating in the on-line distribution of digital files. Referringsites 9 and download sites 4 may receive a commission or percentage ofthe sale price of each file in return for participating in thedistribution. Although FIG. 1 shows a single referring site 9 and asingle download site 4 to facilitate the description, other embodimentsof the invention may comprise a plurality of referring sites 9 or aplurality of download sites 4, or both. Referring site 9 may beconfigured to attract a group of users browsing the Internet, e.g.,users who may be interested in the content 91 offered by referring site9. The users visiting a webpage of referring site 9 may viewadvertisements 110 a, 110 b. By selecting the respective links 100 a and100 b, users may download versions, e.g., trial or demonstrationversions, of files 1 a and 1 b. Links 100 a, 100 b, may be a UniformResource Locator (“IRL”), and may link to an Internet site, e.g., aworld wide web page.

Intermediary site 2 may select one or more referring sites 9 which mayadvertise the different files 1 a, 1 b to be marketed. Candidate sites,e.g., referring sites 9, may communicate on-line with intermediary site2, and may carry out an on-line registration process. The on-lineregistration process may comprise the steps of providing referring siteidentifying information, e.g., name, address, telephone, e-mail, or thelike, and of providing the Uniform Resource Locator (“URL”) address ofthe referring site. During the registration process of referring site 9,intermediary site 2 optionally may request that referring site 9 providea series of words or descriptions that may describe the content 91 ofthe referring site 9.

When referring site 9 ends the registration process in intermediary site2, intermediary site 2 may provide referring site 9 with the code of anadvertisement and link management application 92. Referring site 9 mayadd the advertisement code to its own webpage via a variety of methods,e.g., copying and pasting from the intermediary site 2, or the like, forexample by copying (Control+C in the Microsoft® Windows environment) thecode text from the webpage of the intermediary site 2 and pasting it(Control+V in Windows in the Microsoft® Windows environment) in the HTMLcontent of a webpage of the referring site 9. Link managementapplication 92 may be, e.g., a code in Javascript, PHP, ASP.NET, or anyother language capable of communicating with the intermediary site 2 bymeans of web services, e.g., collection of protocols and standards thatare useful for exchanging data between websites through Internet.Advertisement and link management application 92 also may allowintermediary site 2 to modify, e.g., update, remove, or change,advertisements 110 a, 110 b and links 100 a, 100 b for the purpose ofupdating them. This may optimize the efficiency of the referring sites 9in terms of the number of downloads of files and of the number of sales.

Once the referring site 9 is registered, the intermediary site 2 mayconduct analysis of referring site 9 in order to determine whetheradvertisement and link management application 92 may operate correctly,and also to analyze content 91 of referring site 9. The intermediarysite 2 may count a number of times that each word appears in content 91of referring site 9, and may select words which appear more times than apredetermined number of times, or as a higher percentage of total wordsthan a predetermined percentage. This information may be stored byintermediary site 2 in its database 21.

Intermediary site 2 then may choose files 1 a, 1 b which may be mostrelated to content 91 of referring site 9, according to the informationin database 21. For example, a referring site related to video games maybe particularly suitable for providing downloads of files containingvideo games. Another referring site which may be related to theaccounting industry may be particularly suitable for providing downloadsof accounting programs, and another referring site 9 related to musicmay be particularly suitable for providing music downloads. To chosewhich are the most suitable files 1 a, 1 b for each referring site 9,the intermediary site 2 compares the content information of thereferring site 9 which it has stored in its database 21 with thecommercial information 11 a, 11 b of the files 1 a, 1 b provided by thevendor site 3, and chooses, for each referring site 9, the files havingthe greatest degree of coincidence with the content information of thereferring site 9.

When advertisement and link management application 92 is executed in awebpage of referring site 9, it may display advertisements 110 a, 110 btogether with links 100 a, 100 b. When a visitor of the webpage ofreferring site 9 activates one of links 100 a, 100 b, a download of oneor more files 1 a, 1 b, respectively, to user equipment 5, may occur. Tooptimize the number of downloads of files 1 a, 1 b and their possiblesales, the intermediary site 2 may vary links 100 a, 100 b of eachreferring site 9. Further, intermediary site 2 may perform a statisticaltracking and analysis of which sites may generate the most downloads andthe most sales. The intermediary site 2 may track downloads of files 1a, 1 b in each referring site 9 and of the purchases of use licenses foreach file. This statistical information may be stored in database 21 ofintermediary site 2. As will be discussed in more detail further herein,intermediary site 2 thus may relate historic sales with selected keywords of each referring site 9, to establish for which files 1 a, 1 b ause license thereof may be more likely to be purchased.

For example, by multiplying the sale price of the use licenses for file1 a, 1 b by the percentage of commission that referring site 9 maycharge, and by accounting for a percentage of users who download a fileand subsequently decide to purchase a use license for the file,intermediary site 2 may obtain a statistical estimation of a profitassociated with referring site 9 with each selection of a link or eachviewing of an advertisement of a file. Intermediary site 2 thus mayupdate the links of a referring site 9 such that they advertise andpoint to files which may generate high earnings.

Another method that intermediary site 2 may use to select suitable filesfor each referring site 9 may include choosing files similar to thosewhich are the most successful in another referring site 9 having asimilar content 91. These selections may be manually executed, e.g., bya person carrying out statistical analysis, or by an algorithm whichautomatically tracks and updates the data.

When a user accesses a webpage of referring site 9 containing theadvertisement and link management program 92 and activates one of links100 a, 100 b, the download of associated file 1 a, 1 b, respectively,may start from a download site 4, respectively. Therefore, links 100 a,100 b may contain a URL address pointing to the corresponding file 1 a,1 b in download site 4. Files 1 a, 1 b previously may have beendelivered to download sites 4 by intermediary site 2. In order toreceive files 1 a, 1 b provided by the intermediary site 2 on-line,download sites 4 may use, e.g., FTP protocol. To that end, each downloadsite 4 may receive a key for receiving files, e.g., a user name and apassword or access key authorizing download site 4 to receive files fromintermediary site 2.

In an embodiment, download sites 4 preferably may be different fromreferring sites 9, which may allow a user to download files 1 a, 1 bfrom a download site 4 without placing undue burden on bandwidth orcommunication transmission rate of referring sites 9, and withoutaffecting other users who may want to see content 91 of referring sites9. Nevertheless, in another embodiment of the invention, download site 4may be the same site as referring site 9, if referring site 9 hassufficient bandwidth for allowing users, e.g., Internet users, toconsult its content 91 and at the same time download the files 1 a, 1 b.

In an embodiment of the invention, download identifying data may beincorporated into to files 1 a, 1 b before they are downloaded by a userfrom an equipment 5, or at the time in which the download starts. Theincorporation of download identifying data to files 1 a, 1 b may becarried out in different ways. In an embodiment of the invention,download identifying data may be included as metadata of the files 1 a,1 b. The metadata may be added prior to the download, or at the time ofthe download, and may be carried out in intermediary site 2 or partiallyin intermediary site 2 and in each download site 4, as will be discussedin more detail herein. The link 100 a may be configured to cause theadding of identifying information of referring site 9 to the digitalfile.

The metadata of a file may be data containing formal file information,e.g., the name, the size, the type of file, modification date,proprietor, and the like. Many files may have fields, e.g., reservedportions of the file, which may be empty, and which may be used asmetadata-free fields to house the download identifying data. In otherembodiments of the invention, new metadata fields or properties may beidentified or added to a file, e.g., using a Dynamically Linked Library(“DLL”), e.g., the Microsoft DSOFile.dll library, and housing downloadidentifying data therein. Download identifying data incorporated tofiles 1 a, 1 b may comprise at least identifying data 19 of thereferring site 9 in which the user has activated the link 100 a, 100 bwhich led to the download. The identifying data 19, which may includethe URL address of referring site 9, will allow the referring site 9 tobe determined, in order to compensate referring site 9 for itsparticipation in a download that resulted in a sale of a use license forthe downloaded file 1 a, 1 b.

Furthermore, download identifying data also may comprise identifyingdata 12 of the intermediary site 2, identifying data 13 of the vendorsite 3 in which the user may purchase on-line use licenses for thecontent of files 1 a, 1 b, identifying data 14 of the download site 4from which the file 1 a, 1 b has been downloaded, and identifying data18 of a licensing site 8 in which the user may activate the use licensesthe user has purchased on-line. As shown in FIG. 1, identifying data 12,13, 14 and 18 may comprise URL addresses of the intermediary site 2, ofthe vendor site 3, of the download site 4 and of the licensing site 8,respectively.

In an embodiment of the invention, before providing the files 1 a, 1 bto download site 4, intermediary site 2 may incorporate all the downloadidentifying data into files 1 a, 1 b. Intermediary site 2 then maydeliver these files 1 a, 1 b to download site 4 and also may sendadvertisements 110 a, 110 b in the form of text or images relating tothe files 1 a, 1 b to the referring site 9, as well as links 100 a, 100b that the referring site 9 may publish in its webpage. Whenadvertisement and link management program 92 of the referring site 9receives advertisements and links, advertisement and link managementprogram 92 may display the links on the web page.

Any user accessing referring site 9 through Internet may viewadvertisements 110 a, 110 b of files 1 a and 1 b. When one of links 100a, 100 b is selected in referring site 9, the download of correspondingfile 1 a, 1 b from the download site 4 may start, at which time file 1a, 1 b may incorporate download identifying data into itself in the formof metadata. In this embodiment, intermediary site 2 may deliver each offiles 1 a, 1 b with incorporated download identifying data, e.g., withidentifying data 12, 13, 14, 18 and 19, to the download site 4. As anexample, if 10,000 referring sites advertise a file 1 a, and file 1 amay have a size of 50 megabytes, intermediary site 2 may incorporatedownload identifying data to 10,000 files, and send each of these filesto the download site 4, which may store all of the files, which mayoccupy a space of 500 gigabytes.

In another embodiment of the invention, identifying data 19 of thereferring site may not be incorporated into files 1 a, 1 b byintermediary site 2, but rather by download site 4. In this embodimentof the invention, when a user activates one of links 100 a, 100 b in thereferring site 9, the link may include a URL address redirecting todownload site 4, and the link also may include the URL address ofreferring site 9 itself, which may be transmitted to download site 4.This process may be executed, for example, by passing the information ofthe URL address of referring site 9 as a parameter in the URL addresswhich directs the system from the webpage of referring site 9 to thewebpage of download site 4. At download site 4, a download managementapplication 40 may receive identifying data 19 of referring site 9, andmay incorporate the identifying data into file 1 a, 1 b, e.g., by addingthe identifying data 19 as metadata, such that the updated digital filemay be downloaded by the user.

As shown in FIG. 2, a user may access referring site 9, which may bereferring site number 5,000 (of 10,000, for example). The user mayactivate link 100 a to download file 1 a. Link 100 a, which may havebeen prepared by intermediary site 2 and installed in referring site 9by advertisement and link management program 92, may contain the URLaddress:

http://www.download-site.com/referring-site-5000/f1a.mp4

The first part “www.download-site.com” may identify the URL address ofdownload site 4. The second part, “referring-site-5000” may be aparameter identifying the URL address of the referring site number5,000. The third and last part “f1a.mp4” may identify the file 1 a to bedownloaded. Download site 4 may receive the download request fordownloading the file 1 a. Download site 4 then may execute downloadmanagement program 40, which may examine the URL address. Downloadmanagement program 40 may detect that the URL address comes fromreferring site 9 number 5,000. Upon making this determination, downloadmanagement program 40 may add the following information to the metadataof the file 1 a as identifying data 19 of referring site 9:

URL9=http://www.referring-site-5000.com

In this example, URL9 may be a label included in the metadata insertedinto file 1 a, which may allow other applications to obtain the URLaddress of the referring site 9 by reading the address from the metadataof file 1 a. The URL9 label may be created in the metadata of file 1 aby intermediary site 2, and download management application 40 may copythe URL address of the referring site 9“http://www.referring-site-5000.com” into the URL9 label.

In this embodiment, intermediary site 2 may deliver a single copy ofeach file 1 a, 1 b to the download site 4, and may not need to send aplurality of files 1 a, 1 b equal to the number of referring sites 9that may link to the file. Further, intermediary site 9 may not need toinclude identifying data 19 of referring site 9 in the downloadidentifying data. Rather, this data may be inserted by downloadmanagement application 40 at the time the data is inserted.

When download site 4 receives a redirection from a link 100 a, 100 b ofa referring site 9, download management application 40 of referring site9 may have prepared different copies of corresponding file 1 a, 1 bwhich was delivered by the intermediary site 2. Download managementapplication 40 may have multiple copies of downloaded files 1 a, 1 bprepared. The reason that the download management application 40 hasseveral copies of the downloaded files 1 a, 1 b prepared is that, whileone of the files is being downloaded, a process which may last a fewseconds or a few minutes, the download management application 40 may notbe able to modify the properties of the file being downloaded in orderto accommodate a second download request, which may arrive before thecompletion of the first download of the file. If download managementapplication 40 modifies the metadata of a file which is being downloadedto include the referring site for a second download before the firstdownload has ended, this may cause the first download to fail, or a filewith erroneous data may be downloaded.

If the size of the file is relatively small, the download managementapplication 40 may make a copy of the file when the download request ismade, modify the metadata of the copy, and send the file with theupdated metadata. Nevertheless, if the file size is relatively large,the download management application 40 may take several seconds orminutes to make a copy of the file to modify the metadata. This copyingprocess may induce a slowdown resulting from large overhead in copyingthe files.

In most modern operating systems, moving a file from one directory toanother directory within the same disc may be a nearly instantaneousprocess which may require modifying the directory structure. Thisprocess of moving a file may be faster than creating a copy of the fileat the time of the download. It therefore may be convenient for thedownload management application 40 to have several copies of the files 1a, 1 b prepared beforehand. Download management application 40 may beable to adapt the number of copies of each particular file 1 a, 1 bcorresponding to the download statistics of the file.

As shown in FIG. 2, a user may access referring site 9 number 5,000 andmay activate link 100 a to download file 1 a. Download managementapplication 40 in the download sites 4 may receive a download request(step 401) for downloading file 1 a, as set forth above. Downloadmanagement application 40 also may check (step 402) if there is adirectory attributed to referring site 9 number 5,000 in a hard disk ofthe download site 4. If not, download management application 40 maycreate the directory (step 403) which may be called, e.g., “RS-5000”,and may be associated with the URL address“http://www.download-site.com/referring-site-5000”. If the directoryexists, download management application 40 may check if the directorycontains file 1 a (step 404), which in this example may be named“f1a.mp4”. If the directory does not contain the file, or if thedirectory has just been created in step 403, then download managementapplication 40 may move one of the copies of the original file 1 a (step405), which may be stored in a directory of original files containingthe files delivered by intermediary site 2, to the directory “RS-5000”.

The copy of the original file 1 a may be named “cp-f1a.mp4”. Then,download management application 40 may rename the file “cp-f1a.mp4”, tohave the same name as the original “f1a.mp4” file (step 406), and maycopy the URL address of the referring site 9 in the URL9 label of themetadata of the “f1a.mp4” file. As set forth above, the URL address ofthe referring site 9 previously may have been received by the downloadmanagement application 40 as a parameter of the URL address contained inthe link which was activated in the referring site 9. Once thisinformation has been copied in the URL9 label of the metadata of the“f1a.mp4” file, the user may start the file download (step 407). Thedownload management application 40 then checks 408 if there are copiesof the original file 1 a in reserve, e.g., if there are any files called“cp-f1a.mp4” in the directory of original files. If no copies of thefile are present, download management application 40 may create one orseveral “cp-f1a.mp4” copies of the original “f1a.mp4” file in thedirectory of original files (step 409). If the copy of the file alreadyexists, the algorithm ends (step 410). If the copy of the file does notexist, the algorithm ends after the copy is created (step 410).

Once the user has downloaded the files 1 a or 1 b, the files may be usedin the equipment 5 of a user, e.g., in a digital player 52 a or acomputer program 52 b. Files may be used with a control application 53a, 53 b. Files 1 a, 1 b, which may be downloaded by the user, mayinclude use limitations. The use limitations may allow the user to usethe files in a limited manner until the user purchases a use license.For example, if the downloaded file is a computer program, e.g., file 1b, the limited use may comprise a time limitation of a predeterminedduration, e.g., 30 days, to try the program. After the 30 trial days,the user may purchase a use license for the program. If the downloadedfile is an audiovisual content file, e.g., file 1 a, the limited use mayallow the user to listen to the music for a predetermined number oftimes, or allow the user to listen to a predetermined part of the music.If it is a movie, the restriction can be, for example, that the user canonly see the first few minutes. Restrictions for other files 1 acomprising any other digital content, for example digitalized books, canbe established in the same manner.

Any known DRM may be used in an embodiment of the invention in order toprotect the file contents from unauthorized use. When the user purchasesthe rights to use a file 1 a, 1 b, the control application 53 a, 53 bmay request billing data and a credit card number from the user, and maysend data, including billing data, to vendor site 3 by means of onlinecommunication, e.g., web services. In return, the user may receive a uselicense for the file. Control application 53 a, 53 b may know the URLaddress of the vendor site 3, since the information may be contained inthe identification data 13 located in files 1 a, 1 b, which controlapplication 53 a, 53 b may access locally.

At the time of carrying out the purchase, the control application 53 a,53 b may send on-line 152 the identifying data 19 of the referring site9, the identifying data 13 of the vendor site 3 and the identifying data14 of the download site 4 to the intermediary site 2, and may includethe URL addresses of referring site 9, vendor site 3, and download site4. The intermediary site 2 thus may compensate the referring site 9 andthe download site 4 for participation in the process which led to thepurchase of a use license. Further, intermediary site 2 may chargevendor site 3 an amount corresponding to the compensation of referringsite 9 and download site 4, as well as a commission for involvement asan intermediary site 2.

In another embodiment of the invention, once the purchase has beencarried out, the control application 53 a, 53 b also may sendidentifying data 19, 13 and 14 to the other participating sites, e.g.,referring site 9 and download site 4. To that end, control application53 a, 53 b may use known services, e.g., web services of referring sites9 and download sites 4.

The processes of purchasing and activating a use license for a digitalfile are substantially similar for both an audiovisual content file 1 aand a file 1 b containing a computer program. In an indirect saleprocess, e.g., the purchase of the use license may be carried out in thevendor site 3, and the activation of the license may be carried out in alicensing site 8 different from vendor site 3. In a direct sale process,the activation of the license may be carried out in the same site asvendor site 3.

The file 1 b which has been downloaded by a user according to thedescribed process may be a program for installing a computer program 52b. When the file 1 b is executed in the operative system 51 of anequipment 5, the program 52 b may be installed in equipment 5 and may beused in a limited manner as long as a use license has not been purchasedand activated. The program 52 b may incorporate a component 53 b, whichmay include a control application configured to detect whether the useof the program 52 b is protected by intellectual property rights, checkwhether the user has the suitable license for using program 52 b, andusing the license for allowing the use of the program. Furthermore, whenthe user acquires a use license for the program 52 b the component 53 bmay manage the purchase and activation of the use license on-line, asset forth below.

To carry out the on-line purchase of the use license, the component 53 bmay locally access the download identifying data, e.g., the identifyingdata 12, 13, 14, 18 and 19. In an embodiment of the invention, when thefile 1 b is executed to install the program 52 b, the installationprogram reads the download identifying data in the file 1 b and storesit locally in equipment 5. In this case, the component 53 b may locallyread the identifying data 13 in said location instead of reading them inthe file 1 b. Once the component 53 b has locally accessed said downloadidentifying data, either reading them in the file 1 b or in anotherlocation of the computer 5, it sets up communication 158 with thelicensing site 8 and transmits the identifying data 13 of the vendorsite 3 to it. The licensing site 8 then checks if the vendor site 3 isauthorized to sell a use license and if so, it returns a purchaseauthorization to the component 53 b. The component 53 b then sets upcommunication 153 with the vendor site 3 and warns it that it wishes tostart a license purchasing process. During this communication 153, theuser can become involved through the graphical interface of thecomponent 53 b and choose the type of license that is most suitable forhim or her. He then chooses the type of license he wants to purchase andcarries out a purchase by means of an on-line payment, receiving in turna purchase receipt. In this example the component 53 b itself sets upcommunication 153 with the vendor site 3.

Component 53 b may display a link to the URL address of the vendor site3 and may allow the user to set up communication through the browser ofhis or her equipment 5. Instead of setting up direct communication withthe licensing site 8, the component 53 b optionally may use indirectcommunication with the intermediary site 2 to connect to licensing site8 or vendor site 3.

To activate the license which has been purchased, the component 53 blocally may access (via an internal link 156) hardware identifying data56, e.g., the serial number of the hard disk in which the program 52 bis installed, of hardware in equipment 5. Component 53 b then may set upcommunication 158 with the licensing site 8 and may commence a licenseactivation session. For example, component 53 b may send the hardwareidentifying data 56 and the purchase receipt, and in turn, component 53b may receive a license file including hardware identifying data 56,such that the license file is valid for using the program 52 b inequipment 5. Any public/private key system or other encryption systemmay be used to ensure that the license file is valid for using program52 b in equipment 5.

Once a use license for a file 1 a or 1 b is purchased, the vendor site 3may pay commissions to the referring site 9, to the download site 4 andto the intermediary site 2. The payment may be carried out directly bythe vendor site 3 or through the intermediary site 2. In the lattercase, the intermediary site 2 may charge the vendor site 3 for thecommissions, including a commission for the intermediary site 2 itself,and the intermediary site 2 may carry out the payment to the referringsite 9 and to the download site 4.

The intermediary site 2 optionally may allow a predetermined amount oftime to elapse to prevent a chargeback or a return of payment by creditcard, and subsequently may pay the commissions corresponding to thereferring site 9 and to the download site 4. This waiting period mayreduce fraud, e.g., fraudulent credit card payments.

The process according to the invention is compatible with differentdownload technologies, such as a torrent file transfer protocol. In oneembodiment of the invention, instead of directly downloading a completefile 1 a, 1 b from the download site 4, the user may download a locatorfile, e.g., a “torrent” from download site 4. This file may containinformation about locating nodes on a network, e.g., the Internet, whichalready may have downloaded file 1 a, 1 b or parts thereof and which maybe useful as a source for downloading file 1 a, 1 b in parallel from aplurality of the nodes. In this case, the download identifying data,which in this example may be formed by the data 12, 13, 14, 18 and 19,are incorporated as metadata of the locator file. The controlapplication 53 a, 53 b may read the download identifying data in thelocator file.

The torrent file download application may download a torrent file whichmay be updated at download site 4 to include the metadata in file 1 a, 1b. When the torrent file is downloaded to equipment 5, the metadata maybe extracted and stored in equipment 5.

In another embodiment of the invention, a Torrent file downloadapplication, e.g. “BitTorrent”™ may be executed in the computer 5 of theuser, and may read said download identifying data in the Torrent fileand include the download identifying data as metadata in the file 1 a, 1b which has been downloaded. In this embodiment, the metadata may bedownloaded to and stored in the computer's memory as soon as the locatorfile is downloaded, which may allow discarding of the locator file oncethe download of file 1 a, 1 b is complete. Thereby, it may be possibleto use standard processes, such as those described above, to purchaseand activate a use license, independently of whether the 1 a, 1 b hasbeen downloaded directly or by means of a locator file.

FIG. 3 describes a method of transmitting a digital file 300 accordingto an embodiment of the invention. In step 310, a vendor site 3 whichmay be interested in marketing digital files 1 a, 1 b, may registeron-line 132 in the intermediary site 2. This registration may includetransmitting digital files 1 a, 1 b to the intermediary site 2, as wellas sending information regarding the digital files 1 a, 1 b to be storedin database 21 of intermediary site 2, as described above. In step 320,intermediary site 2 may select one or more download sites 4 to whichdigital files 1 a, 1 b may be transmitted. These download sites 4 may belinked to referring sites 9, but also may be separate from referringsites 9. Before transferring digital files 1 a, 1 b to download site 4,intermediary site 2 may add metadata to the digital files as describedabove.

In step 330, intermediary site 2 may select one or more referring sites9 to display advertisements 110 a, 110 b which include links 100 a, 100b to download one or more files 1 a, 1 b. Referring sites 9 may beselected at random, or they may be selected based on information aboutthe files 1 a, 1 b, stored in the database 21, and information aboutreferring sites 9 stored in the database 21. In an embodiment of theinvention, one or more keywords may be associated with the digital files1 a, 1 b, and these keywords may be used to match referring sites 9which have similar content. In another embodiment of the invention,referring sites 9 may be selected based on a number of use licenseswhich ultimately were sold from downloads made on referring sites 9. Inthis embodiment, intermediary site 2 may consider overall use licensesales for all files, or may consider use license sales for files onlyrelated to digital files 1 a, 1 b.

In step 340, intermediary site 2 may update content of a selectedreferring site 9 to provide links 100 a, 100 b, to download digitalfiles 1 a, 1 b. Intermediary site 2 may update the referring site 9directly, or intermediary site 9 may use advertisement and linkmanagement program 92 to update referring site 9. In step 350, the links100 a, 100 b, may be selected. This may cause the digital files 1 a, 1b, stored at download site 4, to be updated, by adding metadata whichidentifies referring site 9 to the digital files 1 a, 1 b. This processmay be carried out by the intermediary site 2, or it may be carried outby download management application 40. In step 360, the updated file maybe transmitted to the user network, e.g., to equipment 5, at which pointthe limited use of the file may be activated by the user.

When the file is activated by the user, information stored in the filemay be transferred back to intermediary site 2, or to vendor site 3, orboth. This identification may identify the referring site 9 which storedthe links 100 a, 100 b, which were selected and which caused digitalfiles 1 a, 1 b to be downloaded to the user's computer. The transfer tointermediary site 2 may occur when the user elects to purchase a serviceassociated with the digital files 1 a, 1 b, e.g., a use license or thelike. The use license may be transferred to user equipment 5.

Information sent from user equipment 5 may be stored in database 21 ofintermediary site 2. This information may be used to compensatereferring site 9. The information also may be used by intermediary site2 to assist in selecting referring sites 9 to provide links to newdigital files 1 a, 1 b. In an embodiment of the invention, when a vendorsite 3 sends content, e.g., files, to intermediary site 2, intermediarysite 2 may select one or more referring sites 9. Intermediary site 2 mayselect one or more referring sites 9 based on information stored in thedatabase 21.

For example, in an embodiment of the invention, each digital file 1 a, 1b may be associated with at least one word. The at least one word may beprovided by the vendor site 3, or it may be selected by intermediarysite 2. Once this word or words is selected, the word is compared toinformation about each referring site 9 stored in database 21. Thisinformation may be collected by the intermediary site, either byautomated or manual processes, or the information may be transmitted tothe intermediary site 2 by the vendor site 3. As the intermediary site 2searches database 21, intermediary site 2 may make associations betweenthe at least one word and the content stored in the database 21 of eachreferring site 9. The intermediary site 2 may select one or morereferring sites 9 based on these associations between the at least oneword and the content stored in the database 21. In another embodiment ofthe invention, each time a sale is made, e.g., a use license ispurchased, the investment site 2 credits referring site 9 for the sale,and database 21 of intermediary site 2 may be updated to includeinformation about a selection of a link at referring site 9 leading to asale. This may allow intermediary site 2 to record the referring sites 9which lead to higher sales of use licenses, whether generally, or for aspecific subset of files. These referring sites 9 may be designated aspreferred content providers, and they may be selected by theintermediary site to host links 100 a, 100 b, and advertisements 110 a,110 b. In another embodiment of the invention, intermediary site 2selects referring sites 9 only from a list of preferred referring sites9.

While the invention has been described in connection with preferredembodiments, it will be understood by those skilled in the art thatother variations and modifications of the preferred embodimentsdescribed above may be made without departing from the scope of theinvention. Other embodiments will be apparent to those skilled in theart from a consideration of the specification or practice of theinvention disclosed herein. It is intended that the specification andthe described examples are considered as exemplary of the claimedinvention, the scope of which is indicated by the following claims.

1-16. (canceled)
 17. A method comprising: receiving on-line in a firstsite from a vendor site information associated with a software product;transmitting from the first site to a referring site first data and/orcode useable to produce one or more links associated with the softwareproduct that are to be used in the referring site to initiate a downloadof the software product to a computing device, the software productcomprising a design time incorporated software component comprisingsecond data and/or functions useable in the software product to assistin establishing an electronic communication between the computing deviceand the vendor site for the purpose of initiating a purchase transactionfor the right to use the software product in the computing device; andelectronically receiving in the first site third data useable toremunerate the associated referring site during or after the completionof the purchase transaction by the computing device resulting from anactivation of the one or more links of the referring site.
 18. A methodaccording to claim 17, further comprising transmitting from the firstsite to the referring site one or more advertisements associated withthe software product.
 19. A method according to claim 17, furthercomprising transmitting from the first site to the referring site anapplication useable to modify the one or more links.
 20. A methodaccording to claim 18, further comprising transmitting from the firstsite to the referring site an application useable to modify the one ormore links and/or the one or more advertisements.
 21. A method accordingto claim 20, wherein the referring site comprises a webpage
 22. A methodaccording to claim 21, wherein the referring site is identifiable by aURL address.
 23. A method according to claim 17, further comprisingelectronically receiving in the first site software product information,the referring site electronically selected by the first site using thesoftware product information.
 24. A method according to claim 17,further comprising the first site using the third data to remunerate theassociated referring site during or after the completion of the purchasetransaction by the computing device resulting from an activation of theone or more links of the referring site.
 25. A method according to claim17, wherein the software component comprises one or more of a class orset of classes with properties and/or methods, a library component, anexecutable component, a dynamic library, an executable file, and sourcecode.
 26. A method according to claim 17, wherein the software productcomprises one or more of a computer program, an installation programinstalling a program in the computing device, a computer program updatepackage, an installing file downloading a computer program on-line or anupgrade thereof, and a computer program library.
 27. A method accordingto claim 17, wherein the design time incorporated software component isincorporated into the software product in the programming environmentwithin which the software product is programmed.
 28. A method accordingto claim 17, wherein the software product comprises source code toaccess the component's properties, to modify them and/or to call thecomponent's functions from the software product.
 29. A method accordingto claim 17, wherein the design time incorporated software componentallows in the software product the execution of certain executableinstructions with functionalities that are pre-defined in the component.30. A method according to claim 17, wherein the design time incorporatedsoftware component is useable in determining if the computing device hasa right to use the software product.
 31. A method according to claim 30,wherein the design time incorporated software component is capable ofallowing the use of the software product in the computing device upondetermining that the computing device has a right to use the softwareproduct.
 32. A method according to claim 17, wherein the softwareproduct after being installed on the computing device is capable ofproducing one or more graphical interfaces in the computing deviceuseable to permit a user of the computing device to initiate thepurchase transaction.
 33. A method according to claim 17, wherein thesoftware product after being installed on the computing device iscapable of producing in the computing device a graphical interfaceuseable to permit a user of the computing device to establish acommunication with the vendor site through a browser of the computingdevice.
 34. A method according to claim 33, wherein the graphicalinterface comprises a link to the vendor site.
 35. A method according toclaim 34, wherein the link to the vendor site is a URL.
 36. A methodaccording to claim 17, wherein the communication enables thetransmission of data between the computing device and the vendor siteuseable for enabling the use of the software product in the computingdevice.
 37. A method according to claim 17, wherein the software productis capable of establishing an electronic communication between thecomputing device and the vendor site via a browser of the computingdevice to initiate the purchase transaction.
 38. A method according toclaim 37, wherein the software product is capable of transmitting to thevendor site identifying data associated with the computing device.
 39. Amethod according to claim 17, further comprising electronicallyreceiving in the first site from the computing device identifying dataof the referring site.
 40. A method according to claim 17, wherein thesoftware product comprises executable instructions that when executed inthe computing device are capable of reading first purchase receiptinformation from the vendor site during or after the purchasetransaction.
 41. A method according to claim 40, wherein the softwareproduct comprises executable instructions that when executed in thecomputing device are capable of transmitting second purchase receiptinformation to a licensing site.
 42. A method comprising: receivingon-line in a first site from a vendor site information associated with asoftware product; transmitting from the first site to a referring sitefirst data and/or code useable to produce at the referring site one ormore links associated with the software product to be used in thereferring site to initiate a download of a restricted-use version of thesoftware product to a computing device, the software product comprisinga design time incorporated software component comprising second dataand/or functions useable in the software product to assist inestablishing an electronic communication between the computing deviceand the vendor site for the purpose of initiating a purchase transactionfor a right of less restrictive use of the software product in thecomputing device; and electronically receiving in the first site thirddata useable to remunerate the associated referring site during or afterthe completion of the purchase transaction by the computing deviceresulting from an activation of the one or more links of the referringsite.
 43. A method according to claim 42, further comprisingtransmitting from the first site to the referring site one or moreadvertisements associated with the software product.
 44. A methodaccording to claim 42, further comprising transmitting from the firstsite to the referring site an application useable to modify the one ormore links.
 45. A method according to claim 43, further comprisingtransmitting from the first site to the referring site an applicationuseable to modify the one or more links and/or the one or moreadvertisements.
 46. A method according to claim 45, wherein thereferring site comprises a webpage
 47. A method according to claim 46,wherein the referring site is identifiable by a URL address.
 48. Amethod according to claim 42, further comprising electronicallyreceiving in the first site software product information, the referringsite electronically selected by the first site using the softwareproduct information.
 49. A method according to claim 42, furthercomprising the first site using the third data to remunerate theassociated referring site during or after the completion of the purchasetransaction by the computing device resulting from an activation of theone or more links of the referring site.
 50. A method according to claim42, wherein the software component comprises one or more of a class orset of classes with properties and/or methods, a library component, anexecutable component, a dynamic library, an executable file, and sourcecode.
 51. A method according to claim 42, wherein the software productcomprises one or more of a computer program, an installation programinstalling a program in the computing device, a computer program updatepackage, an installing file downloading a computer program on-line or anupgrade thereof, and a computer program library.
 52. A method accordingto claim 42, wherein the design time incorporated software component isincorporated into the software product in the programming environmentwithin which the software product is programmed.
 53. A method accordingto claim 42, wherein the software product comprises source code toaccess the component's properties, to modify them and/or to call thecomponent's functions from the software product.
 54. A method accordingto claim 42, wherein the design time incorporated software componentallows in the software product the execution of certain executableinstructions with functionalities that are pre-defined in the component.55. A method according to claim 42, wherein the design time incorporatedsoftware component is useable in determining if the computing device hasthe right of less restrictive use of the software product in thecomputing device.
 56. A method according to claim 55, wherein the designtime incorporated software component is capable of allowing the lessrestrictive use of the software product in the computing device upondetermining that the computing device has the right of less restrictiveuse of the software product.
 57. A method according to claim 42, whereinthe software product after being installed on the computing device iscapable of producing one or more graphical interfaces in the computingdevice useable to permit a user of the computing device to initiate thepurchase transaction.
 58. A method according to claim 42, wherein thesoftware product after being installed on the computing device iscapable of producing in the computing device a graphical interfaceuseable to permit a user of the computing device to establish acommunication with the vendor site through a browser of the computingdevice.
 59. A method according to claim 58, wherein the graphicalinterface comprises a link to the vendor site.
 60. A method according toclaim 59, wherein the link to the vendor site is a URL.
 61. A methodaccording to claim 42, wherein the communication enables thetransmission of data between the computing device and the vendor siteuseable for enabling the less restrictive use of the software product inthe computing device.
 62. A method according to claim 42, wherein thesoftware product is capable of transmitting to the vendor siteidentifying data associated with the computing device.
 63. A methodaccording to claim 42, further comprising electronically receiving inthe first site from the computing device identifying data of thereferring site.